Facts
The appellant X. as the authorized representative withdrew money from his mother's postal account multiple times between August 3, 2006 and February 19, 2007, and used it for his own needs. Since his mother became incapacitated due to a stroke on August 3, 2006, the guardianship authority appointed a combined guardian on April 10, 2007. Unaware of the perpetrator, the guardian filed a criminal complaint against an unknown person on May 21, 2007 and filed a criminal charge against the appellant in due time on July 3, 2007.
Considerations
The Federal Supreme Court decided that the guardian, as the legal representative of the incapacitated mother, was entitled to file the criminal charge. According to Article 30 paragraph 2 of the Swiss Criminal Code (StGB), the legal representative of the injured person is entitled to file the charge in case of the injured person's incapacity to act. Since the appellant's mother was no longer capable of judgment due to the stroke she had suffered, she could no longer decide whether to file a criminal charge. Therefore, the guardian as her legal representative was entitled to file the criminal charge.
The Federal…